ISLAMABAD, Dec 2: Lines are being drawn fast and stakeholders are indicating where they stand a day after the Supreme Court’s order on PML-N’s petition against the memogate scandal.

The situation became clear on Friday when two clarifications were issued — one by the Supreme Court and the other by the Attorney General’s office — while a committee of the Pakistan Bar Council (PBC) adopted a resolution blaming one institution for transgressing the domain of the other.

Accepting a set of nine petitions, a nine-judge larger bench had on Thursday ordered an inquiry into the memo scandal within 15 days and stopped former ambassador to the US Husain Haqqani from leaving the country. It had also asked President Asif Ali Zardari, Army Chief Gen Ashfaq Parvez Kayani and ISI chief Lt-Gen Ahmed Shuja Pasha to explain their positions by filing replies.

The decision prompted top government leaders, including former law minister Dr Babar Awan, to call a press conference in which a number of allegations were levelled, including the one that special treatment was given to Nawaz Sharif by allowing armed security guards to accompany him into the courtroom.

It was the resolution adopted by the PBC’s Free Legal Aid Committee at a meeting here on Friday which struck a hard blow.

The meeting, chaired by its president, Mohammad Ramzan Chaudhry, was also attended by Ahsan Bhoon, Kalbe Hassan and Maqsood Butter. Referring to the memo case, the resolution said the PBC could not shut its eyes when “one institution is encroaching upon the domain of the other” as this could lead to chaos and anarchy.

The memogate affair, it said, should not have been brought on the initiation of one political party and the court should not have taken up such political issues when a parliamentary committee was already seized with the matter.

“Matters like memogate which even did not offend any fundamental right should not have been brought before the Supreme Court at the cost of valuable time of general litigants whose cases are pending adjudication,” it said. To maintain the dignity of parliament and independence of judiciary in view of the trichotomy of powers as enshrined in the Constitution, the resolution said parliament was the only competent forum to take decisions relating to political affairs.

The committee members recalled that these views had also been supported by the Supreme Court in two judgments -- PLD 2009 SC 75 and PLD 1958 SC 397 -- whereby it was held that when a matter was under debate in a parliamentary committee, courts should stay away.

The resolution also asked vice-chairman Latif Afridi and president of the Supreme Court Bar Association Yasin Azad to “defend the democratic system and its unhindered functioning”.

To keep the record straight, the Supreme Court issued a press release denying accusations of any protocol. It clarified that as per usual practice all litigants, including leaders of the PML-N, had entered the court building through the public reception gate and after security clearance they were given visitor cards to enter the courtroom.

“No one was given any protocol or any special favour as far as entry in the court premises or in the courtroom No 1 is concerned.”

The court further clarified that security personnel and court officials on duty were trained and instructed to treat litigant parties and advocates with dignity and respect without any distinction or discrimination whatsoever.

A careful review of CCTV cameras installed in the court building also revealed that no armed private guards accompanied the PML-N leaders into the court, as wrongly alleged in the press conference, the clarification said, adding that contents of the news conference were totally false, misleading and contrary to facts.

The apex court expressed the hope that baseless allegations would be avoided in future and dignity and respect of the court would be maintained.

ATTORNEY GENERAL SPEAKS: A press release issue by the Attorney General office’s clarified that Maulvi Anwarul Haq did not represent the federal government in the memogate case on Thursday. The AG appeared before the bench on a court notice, and not to advance the government’s stance.

It said: “Office of the Attorney General for Pakistan has taken note of the impression emanating what was said during some talk shows on various TV channels last (Thursday) evening and newspapers of Dec 2 as if the federation of Pakistan was being represented in constitutional petitions filed by Mr Muhammad Nawaz Sharif and some others, taken up by the Supreme Court of Pakistan on Dec 1.”

The cases were listed for preliminary hearing on the said date. The notice was issued to the AG in terms of Order 27-A of the Civil Procedure Code, 1908. The AG as such appeared on the said notice and not to represent the federation. The proceedings of the court also bespeak for the said factual position, the press release said.

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